INDURA S.A. v. ENGINEERED CONTROLS INTERNATIONAL INC.

Filing 42

MEMORANDUM OPINION, ORDER, AND RECOMMENDATION - MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 09/01/2011. IT IS THEREFORE ORDERED that Defendant ECII's Motion to Strike Expert Reports and Opinions (Docket Entry 19 ) is DENIED; however , as alternative sanctions for Plaintiff Indura's failure to make a timely, proper "Disclosure of Expert Testimony": 1) on or before September 16, 2011, Defendant ECII may supplement its own "Disclosure of Expert Testimony" t o account for the opinions in the reports of Jorquera Encina and Quintana; 2) Plaintiff Indura shall pay any premium Defendant ECII incurs to obtain such expert analysis and related reporting on an expedited basis; 3) Plaintiff Indura shall reimburse Defendant ECII for the translation of the reports of Jorquera Encina and Quintana; 4) on or before September 16, 2011, Defendant ECII shall serve Plaintiff Indura with a statement of the above-referenced expedited, expert analysis/report preparation fee (if any) andtranslation costs, as well as any other expenses, including attorney's fees, Defendant ECII incurred due to Plaintiff Indura's failure to make a timely, proper "Disclosure of Expert Testimony"; 5) on or before Sep tember 30, 2011, Plaintiff Indura shall file a memorandum of not more than ten pages showing cause why it and/or its attorneys should not have to pay any expenses identifiedby Defendant ECII (other than any expedited, expert analysis/report preparati on fee and translation costs, payment of which the Court already has found appropriate), and, if Plaintiff Indura contests the reasonableness of any such additional expenses, it shall include within its memorandum a certification that it has attempte d to confer in good faith with Defendant ECII about that subject; 6) on or before October 14, 2011, Defendant ECII may file a response of not more than ten pages to Plaintiff Indura's foregoing memorandum; and7) on or before October 21, 2011, Pl aintiff Indura may file a reply of not more than five pages to any such response by Defendant ECII. IT IS FURTHER ORDERED that Defendant ECII's Motion to Strike Rebuttal Expert Reports and Opinions (Docket Entry 25 ) is GRANTED, that Lorenzos r eport is STRICKEN, and that his testimony is EXCLUDED as a sanction for Plaintiff Indura's violation of thisCourt's Local Rule 26.1(c). IT IS RECOMMENDED that Defendant ECII's Motion for Summary Judgment (Docket Entry 30 ) be DENIED.(Taylor, Abby)